Key Terms
Employment at will
Either party can end it anytime — unless an exception applies. Contract exception: promises made during hiring can bind
Protected class characteristics
Race, color, religion, gender, national origin, age, disability.
Adverse actions include
Failure to hire, failure to promote, demotion, termination.
Examples
Refusing to falsify records, refusing to commit perjury, filing a workers' compensation claim, serving on a jury.
Whistleblower
Report illegal activity in good faith and you are protected. FLSA: sets the floor on wages and hours; states can go high
Applies to
Businesses with at least 50 workers engaged in interstate commerce.
Enforcement
OSHA (Occupational Safety and Health Administration), an agency within the DOL. Can inspect workplaces and impose fines.
Guarantees
Up to 12 weeks of unpaid leave per year.
Qualifying family members
Spouse, child, parent. NOT qualifying: siblings, grandchildren, in-laws.
Employee eligibility
Must have worked for the company for at least 1 year before taking FMLA leave.
Return rights
Employee must be allowed to return to the same or equivalent job with the same pay and benefits.
SERIOUS HEALTH CONDITION defined as
Requires continued treatment by a health provider AND results in at least 3 days of incapacitation.
Requirement
Employers must provide a workplace free from recognized hazards likely to cause death or serious physical harm.
Criminal penalties
Available when violations are willful.
Purpose
Publicize the dispute and pressure the public to withhold business.